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TABLE OF CONTENTS CPER No. 185 (February 2007)

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Table of Contents Table of Contents    Features Further Storm Warnings in the Territory of Retiree Health Care Benefits  Richard Whitmore Esq. and Cepideh Roufougar Esq. Truth & Consequences: The Practical and Legal Impact of a Good Investigation  Rebecca Speer Esq.   Headliners Supreme Court Upholds Limits on Agency Fee Spending  Carol Vendrillo Editor   Recent Developments Local Government     24 Action to Compel Arbitration Is Within PERB’s Exclusive Jurisdiction 27 Sheriffs Association Wins Attorney’s Fees in Bill of Rights Case 29 No Appealable Demotion for Reduction of Employee Work Responsibilities 32 Supreme Court Depublishes Sacramento POA Decision 33 Pitchess Motion Denied in Search and Seizure Case 35 Civil Service Commission Had Authority to Hear Appeal Public Schools     37 Four-Year Evidence Bar Not Absolute in Proceeding to Dismiss Teacher Accused of Sexual Misconduct 39 Legislature Puts Self-Representation Back Into EERA 41 West Contra Costa Teachers Vote to Strike 41 Oakland Inches Back Toward Local Control Higher Education     43 CSU Academic Student Employees Battle for Fee Waivers 45 Scrutiny of U.C. Retirement System Continues 47 U.C. Increases Wages for Custodians and Other Low-Paid Employees State Employment     50 Arbitrator Cannot Reform Contract That Has Been Approved by Legislature 53 State Forced to Raise Pay in Mental Hospitals 55 First Steps Taken to Modernize State Civil Service Hiring 58 Elected and Appointed Officials’ Salaries Jump Discrimination     61 Supreme Court Interprets Time Limit Narrowly in Pay Discrimination Case 67 Employee Should Have Been Notified of Right to CFRA Leave 69 Disabled Employee Must Make Specific Request for Accommodation 70 Equitable Tolling Applicable to Time Limit for FEHA Claims 72 State Senate Passes Bill to Ban ‘Family Status’ Discrimination General     73 Employee’s Reports of Physical Threats State Public Policy for Wrongful Discharge Claim 76 Wrongfully Terminated Disabled Employee Not Entitled to Backpay Public Sector Arbitration     79 Grievant Reinstated After Termination for Sexual Harassment 80 Law Firm’s Mandatory Arbitration Clause Found Unconscionable Departments    Letter From the Editor    Public Sector Arbitration Log    Public Employment Relations Board Cases    PERB Activity Reports

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